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News Articles

U.S. District Court Addresses the Issue of CERCLA Defendants that are ‘Dead and Buried’ Corporations, Liability as ‘Persons’ and the Importance of Discovery

Plaintiffs, Garrett Day LLC and the Ohio Development Services Agency, spent some $1.7 million cleaning hazardous substances released from a century-old paper mill in Dayton,…

Read More 2018-01-09

New Jersey Spill Compensation and Control Act Burdens Clarified by the U.S. District Court

The State of New Jersey is involved in a major lawsuit seeking natural resource damages from large petroleum and chemical companies on account of Methyl…

Read More 2018-01-09

Montana Supreme Court Affirms Water Court’s Apportionment of Disputed Irrigation Rights

On November 14, 2017, the Montana Supreme Court affirmed the Water Court’s order settling a title dispute over four irrigation water rights between two neighboring…

Read More 2018-01-09

Justice Kennedy’s Opinion In Rapanos Still Controls Questions of Clean Water Act Jurisdiction Within the Ninth Circuit

The Ninth Circuit Court of Appeals, on November 27, has re-established that Justice Kennedy’s concurring opinion in Rapanos still controls Clean Water Act jurisdiction over…

Read More 2018-01-09

How Department of the Interior Modification of Gold Butte National Monument In Nevada Implicates Water Rights

Raging across headline news wires during the month of December 2017 are reports about the federal government’s review of existing national monuments, with Department of…

Read More 2018-01-09

U.S. Secretary Of The Interior Formally Executes Pechanga Water Rights Settlement Agreement

On November 29, 2017, U.S. Secretary of the Interior Ryan Zinke and Mark Macarro, Chairman of the Pechanga Band of Luiseño Mission Indians (Tribe) formally…

Read More 2018-01-09

U.S. Bureau of Land Management Faces New Challenge Over Proposed Cadiz Project

In late November 2017, the Cadiz Valley Groundwater Conservation, Storage and Recovery Project (Cadiz Project) was the subject of a new lawsuit challenging the U.S.…

Read More 2018-01-09

California Court of Appeal Refuses to Loosen the Claim Filing Requirements of the Government Claims Act

In Olson v. Manhattan Beach Unified School District, appellant challenged the trial court’s dismissal of his Second Amendment complaint against the Manhattan Beach Unified School…

Read More 2018-01-09

California Court of Appeal Finds Charter City Exempt from the Requirement for General Plan Consistency

The California Court of Appeal for the Fourth District found that a California charter city is exempt from the statutory requirements for consistency between its…

Read More 2018-01-09

California State Water Resources Control Board Proposes First Ever Permanent Water Conservation Regulations

Building upon its emergency regulations imposed during the recent and historic five-year drought, the California State Water Resources Control Board (SWRCB), now proposes to enact…

Read More 2018-01-08